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All Journal Jurnal Ilmu Hukum Vonis
Muhammad Fahlebvy
Universitas Airlangga
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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New Paradigm of Restorative Justice Based on the Perspective of Customary Law in Law No. 1 Year 2023 on the Criminal Code Muhammad Fahlebvy; Muklis Al'anam; Dwi Rahman Suhada
Vonis Vol. 1 No. 1 (2025)
Publisher : CV. Akira Java Bulu

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Abstract

The paradigm shift in the modern criminal justice system shows an increasing interest in the restorative justice approach as an alternative to resolving criminal cases. This article aims to analys the relevance of restorative justice principles rooted in the customary law perspective in Indonesia as a basis for the implementation of law the new criminal code. Through library research, this study uses a normative method that examines legal norms on restorative justice in relation to customary law that can strengthen restorative justice. The implications of this study are expected to contribute to the development of criminal law policies that accomodate customary values as part of achieving substantial justice.
Pendekatan Filosofis Hukum Administrasi: Kajian Ontologi, Epistimologi, dan Aksiologi Muklis Al'anam; Hendro Prabowo; Muhammad Fahlebvy
Jurnal Ilmu Hukum Vol. 14 No. 2 (2025): Jurnal Ilmu Hukum
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/bsvh2n06

Abstract

Administrative law philosophy is the foundation for understanding the nature, sources of knowledge, and objectives of administrative law in government administration practice. Ontologically, administrative law is viewed as a tool of public power that provides legitimacy and limits the authority of the government in carrying out administrative functions. From an epistemological perspective, administrative law is constructed through legislation, expert doctrine, court decisions, and government practices that evolve in line with social dynamics and community needs. Meanwhile, in the axial dimension, administrative law has values and objectives to ensure legal certainty, protect the rights of citizens, and realise transparent, accountable, and fair governance. This legal research uses a normative approach, with conceptual, legislative, and case studies. By examining administrative law through these three philosophical dimensions, it is hoped that a more comprehensive understanding will emerge and serve as a normative guideline for the government so that every administrative action is always in line with the principles of justice and democracy.
Co-Authors Dwi Rahman Suhada Hendro Prabowo Muklis Al'anam Muklis Al'anam